MAGISTRATES’ COURTS.

Globe, Volume XX, Issue 1431, 16 September 1878, Page 3

MAGISTRATES’ COURTS.

CHRISTCHURCH. Monday, September 16. [Before G. L. Mellish, Esq., K.M.] Drunk :and Disorderly. ■- William Ogier was fined 20s ; Thomas Palmer, 10s ; a first offender was fined ss. Breach op Cattle Trespass Ordinance. —W. A. Merriman was summoned for allowing a mare and foal to wander at large in Sydenham and fined ss. Creating a Disturbance. —Stephen Rudder, Arthur Hudson, and Edward Blackett were charged with creating a disturbance by fighting in tho streets on tho 27th August. From the evidence of witnesses, it appeared that two of tho parties charged, Hudson and Blackett, were fighting in front of tho Garrick Hotel, Colombo street, and tho third one, Radder, trying to part them, got mixed up in the row. His Worship characterised the affair as a drunken spree, and fined Hudson and Radder 20s each, and Blackett 10s. Breach op City By-laws. John Gumersal was charged with leaving his licensed cab unattended. Being his first offence he was discharged. John Savage, summoned for leaving his licensed cab in the street unattended, was fined 10s. John Spencer and John Brown, for tho same offence, on tho 7th instant, were fined 10s. each.

Chimney on Fike. —Wm. Q-osnoll was summoned for allowing the chimney of his house in Montreal street to catch fire on September 7th. A fine of 10s was indicted. A similar fine was imposed on Alfred Bright for tlio same offence. William Hall for leaving his horse and cart unattended on the 7th inst. was finM 10s, Edward Campbell and Michael La vler for allowing cattle to wander at lai go W ‘re fined 5s each. Bueach of Railavay By-Law.—D. McKellar for entering, and Robert Courtenay for leaving railway carriages while ju motion, were cacti fined 10s. Mary Wclstcad and Prank Welstead for travelling without a ticket were each fined 10s. Prank Welstead was further charged with neglecting to support his five children in the Industrial School. The accused, who said he had been in prison for twelve months, and that during the time his wife had sold his property, and had kept the money amounting to £f)s, pleaded for time, and ho would support his children. The accused was ordered to pay 10s per week towards the support of his children. Aiujsive Language.—William Ballantyne was charged with haring used threatening language on the sth inst. to John Brown. Mr Izard appeared for the complainant. The complainant, who lives in St. Asaph street, stated that he was at one time on friendly terms with the accused, but in consequence of his now keeping a disorderly house ho had dropped his acquaintance. The accused had used the threatening language because he (complainant) had refused to sjreak to him. For these reasons he wished the accused to be bound over to keep the peace. The Court imposed a fine of 20s and costs. Assault. —James O’Brien was charged with having, on the 12th inst., abused and assaulted his wife, Anne O’Brien. These facts were proved by the prosecutrix, who further stated that her husband was constantly abusing and maltreating her. His Worship suggested that the parties should mutually agree upon separation, and in the meantime the defendant would be bound over in the sum of £lO to keep the peace towards his wife for six months. In default one month’s imprisonment. Akson. —James Smith was charged on remand with wilfully setting fire to two cottages, in Worcester street, the property of Dr. Symes. Mr Inspector Hickson conducted the prosecution. Mr Izard appeared for accused. All the witnesses were ordered out of Court. Sergeant A. Wilson deposed—l am a police sergeant, stationed at Christchurch. On Saturday morning, the 7th, about half-past 12, I was in Cambridge terrace, coming towards the depot. I was on the river side of the footpath, and when opposite two cottages, near McPherson’s yard, the property of Dr. Symes, I saw fire starting, apparently at the end of the boundary fence between Dr. Symes’ cottages and McPherson’s property. 1 went over the fence into Dr. Symes’ garden, and then up by the doctor’s garden to his house to where I saw the fire getting stronger. I was shouting “Fire” all the time. The fire was in the angle formed by the fence at the corner of the lean-to and the cottage occupied by Mrs Robson. The lean-to, a portion of the fence and the cottage were on fire. I heard some bottles bursting with the heat: they were in the fire. I saw some rubbish, pieces of wood, bottles, &e., on the ground, which I afterwards collected. I tried to beat the fire out with the cane I had in my hand. The prisoner was the first person who came to my assistance. Ho came from the direction of Dr Symes’ stables, about a minute or two after I was on the spot. He was dressed with the exception of his coat and vest. I called to the prisoner to bring some water as fast as he could. He got a bucket of water, and 1 took it from him while he went for a second bucket. I poured all the water on the fire myself. After a couple of buckets of water were thrown on the fire we got it under. There was no one else present but the prisoner and myself when the fire was almost out, and the prisoner said more than once, “ I did not do it. I know nothing at all about it.” I said I did not charge him with anything. After t he prisoner got the first bucket of water, he knocked at the corner of Dr, Symes’ house. The next person that came up was Mr Ibbott. I drew Mr Ibbott’s attention, in (he presence of the prisoner, to the debris of the fire, and I commenced collecting the stuff where the fire originated. There was a strong smell of kerosene, and I drew the prisoner's and Mr Ibbott’s attention to it. As I picked up the stuff, I Lauded it to the latter. The prisoner said ho could smell no kerosene. I then picked up the bottom of a bottle, and held it close to the prisoner, and ho then said that it smelt of kerosene. I also handed that to Mr Ibbott to hold. The prisoner said to Mr ibbott, “ Throw that stuff down into the corner.” Mr Ibbott said, “No, it will be required again.” 1 also told Mr Ibbott not to throw it down, as I wanted it. We removed all the debris we had collected, and by this time the occupiers of the cottage were trying to get out. I broke open the door of communication between the lean-to and the cottage occupied by Mrs Robson, having previously got into the leanto. The door leading into Mrs Robson’s kitchen was locked and bolted, and I broke open the lower panel. Mr Ibbott, who occupies the adjoining cottage to Mrs Robson’s, tamo out through the broken panel and went

into Mrs Robson’s kitchen, I saw H( signs of fire in any of the rooms ir the cottage. The fire had burned itn way into the cottage from the outside The corner of Mrs Robson’s cottage, where it is attached to the lean-to, was burned on the outside. After I had burst in the lower panels the prisoner assisted me to open the door. At no time did the prisoner touch any of the debris in my presence. As I was leaving the place Mr VV. H. Smith, the publisher of the “Press” newspaper came up to call on the doctor. I drew his attention to the debris and to where the fire had originated. Prisoner still, without being asked, said that lie had nothing to do with it. Mr Smith in the presence of the prisoner said there was a strong smell of kerosene, Mr Smith spoke to the prisoner for his abusive language to me all the time, and cautioned him that he should bo more careful what, ho was saying. I then went over to the depot and called Detective Walker, and ho came back with me to the place. Wo had a lighted candle and examined the prisoner. In font of the prisoner’s bedroom window wo noticed where some kerosene had been recently spilt, and there were the remains of some straw and paper about where the kerosene was spilt. Detective Walker went over and rapped at the prisoner’s window. For some time there was no answer until the detective called him by name, and then the prisoner answered, and got up and opened the door. He then had only his trousers and shirt on. Detective Walker examined the prisoner’s hands, and remarked that they smelt strongly of kerosene. The prisoner denied it, and said ho did not use it, but that he had been handling the stuff from the fire. I said ho had not, that he had never touched it. Prisoner insisted that lie did. His hands were not black or smeared over like mine were. Detective Walker then charged him with setting fire to the house, and he began to cry, and still said that he had nothing to do with it, and that wo would bo sorry for what we had done. Wo searched the prisoner’s room, but found nothing. The prisoner said wo should find no kerosene in his room, us he did not use it. Detective Walker then arrested him and took him to the depot. Coming out of the footpath in front of Dr. Symes’ house, there was a light in the window of one of the rooms. I went up to the doctor’s door and rapped. The door was opened by Mr James Wilkin. I asked if the doctor had come, and whether he used kerosene. He replied the doctor did not use it, us the gas was laid on in the house. Detective Walker and the prisoner were at that time about twenty feet distant, and the latter said he used kerosene for cleaning the doctor’s bits. I examined the harness room, and saw a portion of the doctor’s harness there. There was more than one bit. They were oiled with some sweet oil. There were also some oiled rags, and a bottle containing a little oil. I took possession of one bit, and some of the rags. None of the latter smelt of kerosene. They are tiro same now produced in court. Dr. Symes deposed—l live in Worcester street. The prisoner was in my employ since the 2nd August last, in the capacity of groom and general servant. I told him lie would have to bo in of a night by nine o’clock, and if he wished to stay out later lie would have to ask leave. Ou the night of Friday, the 6lh inst. I left home about seven o’clock. I got into a Ferry road ’bus at, the bridge. I did not tell the prisoner where I was going. I returned home in a few minutes in consequence of something I had heard between two and three o’clock a.m. I think I saw the prisoner just as I was leaving. I have nob burned kerosene in my house since the middle of last, June. What kerosone I then had I locked in the cellar. I always keep the key of it myself. The prisoner has not had access ■ to the key since he has been in my service. No kerosene, since I ceased to burn it, has to my knowledge been used for any purpose in my liouse. I supplied the prisoner with neats foot oil and castor oil for cleaning the harness. The middle of the next day after the fire, I went to the harness room, and in the afternoon to the scene of the fire. I noticed a strong smell of kerosene where the fire had been. When I went to the harness room I saw no kerosene, and on examining one of the bits, could not detect the smell of kerosene upon it. The bit was oiled, bub it was not with kerosene. The plan produced is correct, and the room occupied by the prisoner is accurately shown. I noticed in the prisoner’s room a large accumulation of brown paper, which 1 could not account for. I noticed a dark stain on the channelling, with a strong smell of kerosene in front of the prisoner’s room on the outside. I don’t recollect seeing it there the day previously. I use the lean-to at the rear of Mrs Robson’s cottage as a store-room. The prisoner did not ask my permission to be out on the night of the 6th, nor did I know that he wished to be out. I was present when the bits of rag were taken possession of by Detective Walker. The Court adjourned until 2.15.

LYTTELTON. Monday, September 16,

[Before W. Donald, Esq., R.M., and H. R. Webb, Esq, J.P.] Absent Without Leave. —M, Fox, a seaman belonging to tho ship Olive, on remand from Saturday, was ordered on board. Drunkenness. John Hood, Thomas Doran, and Charles Messina wore fined 10s each for the above offence, and Joseoh Luke 20s.

Larceny. —Thomas Oakley was charged by 11. Harrison with stealing a coat. It appeared from evidence that both prosecutor and accused had been stopping at Miller’s boarding house on Friday last. On Saturday prosecutor missed the coat, which was traced to accused, who was arrested same [afternoon in Christchurch. Accused, who admitted the offence, was sentenced to six weeks imprisonment, with hard labor.

Obstructing Public Thoroughfare.— A. Small was charged with allowing a dray to remain on the Governor’s Bay road, to the obstruction of same. Dr. J. T. Rouse, who laid tho information, said he did net wish to press the charge, but stated obstructions were frequent on the road in question. Defendant was ordered to pay Court costs, 4s.

Cattle Trespass.— Peter Fox, James Higgs, J, Graham, J. O’Neill, Thos. Newton, W. Holmes, and W. Mitchell (two informations), were each fined 5s and 4s costs lor having cattle astray.